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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39043
Experience:  Retired (mostly)
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Is it legal to deny an applicant a position if they have high

Customer Question

Is it legal to deny an applicant a position if they have high blood pressure? Does the employer get to see the physical results as it relates to high blood pressure? Is it common to check your Blood pressure at a pre employment physical? This is a foremen position at a roofing plant!
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
A preemployment medical exam is permitted if "job related and consistent with business necessity." However, the employer must be able to show that the employee would not be able to perform the job, but for the requirements of the exam. Blood pressure is controllable with medication, and unless there were some proof that the foreman's job cannot be performed by a person whose blood pressure may be high, but also could be controlled, then the test would violate the Americans with Disabilities Act. 42 USCA § 12112(d)(4)(A).

Now, if the foreman had to operate a wrecking craine, that could create a different situation. But, otherwise, the test would almost certainly be unlawful.

Hope this helps.

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